US Bank v. Thunder Properties, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 17 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

U.S. BANK, N.A., as Trustee for the No. 17-16399 Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed D.C. No. Certificates Series 2006-BC4, 3:16-cv-00501-RCJ-WGC

Plaintiff-Appellant,

MEMORANDUM*

v.

THUNDER PROPERTIES, INC.,

Defendant-Appellee,

and

WESTLAND REAL ESTATE

DEVELOPMENT AND INVESTMENTS,

Defendant.

Appeal from the United States District Court for the District of Nevada Robert Clive Jones, District Judge, Presiding

Argued and submitted September 13, 2019 Submission withdrawn October 2, 2019 Re-submitted February 15, 2022 San Francisco, California

Before: GOULD, BEA, and FRIEDLAND, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Appellant U.S. Bank appeals from the district court’s order dismissing its

claim against Appellee Thunder Properties, Inc. (“Thunder”) for a declaratory

judgment that U.S. Bank’s first deed of…